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105.—(1) Where the Authority does not notify the person as described in article 103(2), (3), (4) or (5), the Authority must refer the matter to the Financial Services Tribunal.
(2) Notwithstanding the repeal of the Financial Services Act, sections 96, 97(6), 99, 100 and 101 of Schedule 6 to that Act continue to have effect in relation to transitional references with the modifications set out in article 108.
(3) A “transitional reference” is—
(a)a reference—
(i)which was made by the Authority before commencement to the Financial Services Tribunal pursuant to section 97(1);
(ii)which was not withdrawn before commencement; and
(iii)on which the tribunal has not reported before commencement; or
(b)a reference made by the Authority to the Financial Services Tribunal under paragraph (1).
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